Samsung Class Action Lawsuit Says Washing Machine Recall is a Scam

A class action alleges that a supposed recall of Samsung washing machines at risk of exploding is a ploy by the company to make even more money selling new washing machines.

On Nov. 4, 2016, Samsung issued a voluntary recall of its top-loading washing machines manufactured between March 2011 and November 2016, after hundreds of complaints and several reports of property damage and personal injury from the exploding machinery.

For the recall, Samsung offered its customers three options. First, the customer could schedule a repair of the washer, where a technician visits the home to reinforce the washer at no cost.

Second, the customer could get a rebate towards the purchase of a new washing machine. And third, Samsung offered a full refund, but only for customers who had their washer for less than 30-days.

Plaintiff Malori Soria states that she purchased a Samsung washing machine in October of 2015, and learned in 2016 that her model washing machine was subject to a recall by Samsung.

Soria says that options 2 and 3 of the recall did not work for her, since her washer was more than 30-days old and the potential rebate would cover only “a fraction” of the cost of a new washing machine. So Soria says she made 15 attempts to accept option 1 and schedule a repair of her machine, but to no avail.

According to the class action, Samsung is “intentionally withholding repair of Soria’s Samsung washing machine so that she would be forced to use the rebate or to purchase another Samsung washing machine, thereby creating business for Samsung and saving Samsung the costs of the reinforcement measures.”

This is not the only lawsuit Samsung is facing over its washing machine recall. Earlier this month, a class action was filed by plaintiff Jerry Wells of Oklahoma alleging similar experiences as Soria.

In his complaint, Wells claims that he also tried to schedule a repair of his top-loading Samsung washer, but without success. In addition, Wells notes that previously on two separate occasions a Samsung technician had no problem scheduling a visit to repair his washer, but the repair for this specific recall has not been completed.

Here, Soria seeks to represent a Class of all persons in the U.S. “who purchased a new Recalled Washing Machine or otherwise acquired a Recalled Washing Machine from March 2011 to November 2016, primarily for household use and not for resale.”

The class action requests two forms of relief from the court: “(i) an injunction enjoining Samsung from any further sales of the Recalled Washing Machines, and to take such other remedial action as may be otherwise requested herein; and (ii) money damages to adequately and reasonably compensate owners of the Recalled Washing Machines who have through no fault of their own purchased defective and dangerous Samsung washing machines.”

Soria is represented by Stephen H. Kupperman of Barrasso Usdin Kupperman Freeman & Sarver LLC and William B. Federman of Federman & Sherwood.

The Samsung Washing Machine Recall Class Action Lawsuit is Malori Soria v. Samsung Electronics America Inc., et al., Case No. 2:17-cv-00195, in the U.S. District Court for the Western District of Louisiana.